High courts aren’t writing opinions on crucial judgments. Lower courts are confused
NPR’s Ayesha Racoe speaks with Yale Law School professor William Eskridge about confusion in the lower courts on many hot-button issues and the lack of direction from the Supreme Court.
Transcript:
AYESHA RASCOE, HOST:
The Supreme Court’s new term began this month after not too much of a summer vacation. Between the beginning of their break at the end of June and their October return, the nine justices granted stays on lower court cases about whether President Trump can fire federal commissioners about canceling health research grants and foreign aid funding, about immigration enforcement and the Voting Rights Act. The high court did this entirely without writing opinions. And without explanations for those decisions, lower courts have been left unsure how to proceed. Now cases surrounding Trump’s deployment of troops to different cities are adding to the uncertainty. William Eskridge is a professor at Yale Law School, and he joins us now. Good morning.
